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IN RE COND. CONEWANGO, PLEASANT TWPS., ET AL.

No. 870 C.D. 1975.

23 Pa.Commw. 343 (1976)

In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Highways, of Right of Way for Legislative Route 1094, Section 2R/W, a Limited Access Highway in Conewango and Pleasant Townships and the Borough of Warren. Commonwealth of Pennsylvania, Department of Transportation, Appellant.

Commonwealth Court of Pennsylvania.

February 17, 1976.

Attorney(s) appearing for the Case

Benjamin B. Wechsler, Special Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

John E. Eberly, with him Harper, Clinger & Eberly, for appellee.

Argued October 29, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., February 17, 1976:

In this eminent domain case, the Commonwealth of Pennsylvania, Department of Transportation (PennDOT) appeals from an order of the Court of Common Pleas1 denying its motion for a new trial.

PennDOT, for highway purposes, condemned 26.83 acres of a 76.34 acre tract owned by the Borough of Warren (Borough), Warren County.

The subject premises were conveyed to Borough in 1934...

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